| | | | B2H Public Purpose Abandoned | | Greetings all, As you know, STOP and Irene Gilbert petitioned the Oregon Public Utility Commission (OPUC) to review PCN 5, which granted Idaho Power (IPC) and PacifiCorp (PAC) the authority to condemn land through Eminent Domain, for the Boardman to Hemingway (B2H) transmission line—even though material changes were made without proper disclosure to the Commission. The OPUC agreed to review this matter, and opened Docket UM 2394: STOP B2H Coalition Request to Rescind or Amend Order No. 23-225.
Over the past several months, there has been extensive back-and-forth in the docket addressing the merits of STOP’s and Ms. Gilbert’s case. For a quick summary, you might want to read these press releases, here. All filings and public comments are available at the UM 2394 docket link for those who want to dig into the details.
This Thursday, November 13, 2025, at 9:30 a.m., the OPUC will hold the final hearing to decide whether to rescind and revoke the utilities’ authority to condemn land for the construction of the B2H line.
To help you prepare, should you choose to speak, we’ve outlined five key talking points below. These are designed to help you communicate key concerns and arguments to the Oregon Public Utility Commission (OPUC) regarding Docket UM 2394 on Thursday, November 13, 2025, at 9:30 a.m.
As a member of the Coalition, we know you care, and we want to make sure that your voices are heard.
Speak Out on UM 2394 STOP B2H COALITION’s REQUEST TO RESCIND OR AMEND ORDER NO. 23-225 by calling and writing the OPUC at:
Agenda: https://oregonpuc.granicus.com/GeneratedAgendaViewer.php?view_id=2&event_id=994
Zoom in: https://puc-oregon-gov.zoomgov.com/j/1612970822?pwd=KFutZeGQ43aLJyaznob1tXZgnV4N1A.1
Email comments: puc.consumer@puc.oregon.gov or puc.filingcenter@puc.oregon.gov
Phone: 503-378-6600
Toll-free: 800-522-2404 If you would like to speak at the hearing send an email to puc.publicmeetings@puc.oregon.gov
| | | | Talking Points for OPUC Final Meeting on UM 2394
1. The Material Change in Purpose Requires Rescinding the B2H CPCN: From Public Asset to Private Interest
The OPUC must invoke its authority under ORS 756.568 to rescind the Certificate of Public Convenience and Necessity (CPCN) (Order No. 23-225) because the project's foundational justification has undergone a material and fundamental change. · The CPCN was granted based on B2H being a "cost-effective system resource" expected to provide $1.713 billion in net benefits to PacifiCorp customers and reliably meet the needs of IPC, PacifiCorp, and BPA customers. · However, PacifiCorp's 2025 IRP (Docket LC 85) explicitly removes B2H from its "preferred portfolio" as a general system resource. · PacifiCorp now states B2H's purpose has shifted to primarily serve a "specific customer"—identified as a data center—with cost recovery driven by "special contracts". This shift removes roughly 800,000 PacifiCorp customers from the need justification. · This transformation from a broad public utility resource to a dedicated asset for a single private entity constitutes a material deviation that undermines the original "public use" and "public convenience and necessity" criteria necessary for the CPCN and the authority to condemn private property.
2. PacifiCorp’s Credit Risk Undermines IPC's Ability to Finance the $1.7 Billion Project
The OPUC must question the financial feasibility of the B2H project, currently estimated to cost between $1.5 billion and $1.7 billion, due to the extreme financial instability facing PacifiCorp. · PacifiCorp, the majority owner of B2H (55.55%), has recently warned of a potential "liquidity crisis" and faces credit rating downgrades from agencies like Moody’s and S&P, risking a loss of investment-grade status. · These warnings are tied to wildfire-related liabilities, where potential claims totaling $55 billion vastly exceed the company's reserved amounts ($2.85 billion). · If PacifiCorp were to face bankruptcy or fail to meet its financial obligations—specifically, reimbursing IPC for its share of future project expenditures—Idaho Power (IPC) would be left to bear the full cost and risk of the $1.7 billion project alone. · The abandonment risk is not only financial; the cost to retire the B2H facility has increased to over $170 million, costs that Oregon ratepayers could ultimately be forced to absorb if the utility fails.
3. Regulatory Omission and Breach of Duty: Utilities Concealed Material Facts
The OPUC should investigate the utilities' deliberate lack of transparency and adherence to regulatory rules regarding timely disclosure of the project’s compromised status. · Oregon Administrative Rule (OAR) 860-027-0400(3)(f) requires utilities to file an update if they anticipate a significant deviation from their acknowledged IRP. · PacifiCorp received notification from BPA in Fall 2022 regarding the inability to award requested transmission redirects without an extensive, uncertain cluster study process. This uncertainty directly compromised the original business case for B2H. · Despite knowing this core impediment, the utilities proceeded, resulting in the OPUC issuing the CPCN in June 2023 based on outdated facts. · PacifiCorp explicitly admitted it did not formally inform the OPUC or staff of the material shift to serving a "specific customer" prior to filing the 2025 IRP update in March 2025. This intentional concealment prevented timely regulatory oversight.
4. The "Least Cost, Least Risk" Rule is Flawed When it Rewards Eminent Domain Abuse for Utility Profit
The current process rewards utility tactics that prioritize massive capital investments over genuine public benefit, often leading to the abuse of eminent domain authority against landowners. · The CPCN allows Idaho Power to seize private land through condemnation based on the argument of "public use". However, seizing property for a project that is now primarily serving a private data center constitutes an unjustified taking of land under false pretenses.
· Utilities stand to gain a generous capital return (approximately 10% profit) on the massive $1.5+ billion investment. This profit is maximized by weaponized attorneys and land agents via the bully pulpit by manipulating landowners to sell at a low price to avoid the threat of condemnation proceedings with attorney and court fee's. · We urge the OPUC to stop rewarding behavior that uses the power of the state to justify taking private property for corporate gain. Allowing this CPCN to stand undermines public trust and sets a dangerous precedent for future utility infrastructure projects.
5. Alternatives Must Be Re-examined in Light of the Narrowed Need
The utilities have failed to adequately explore or provide analysis for alternatives that could meet the redefined need in a truly least-cost, least-risk manner, especially given the costs associated with transmission expansion and wildfire risk. · If the B2H line is primarily needed to serve a single, specific load (the data center), critics argue there are more cost-effective alternatives than building a 300-mile, $1.7 billion high-voltage transmission line across Oregon. · The utilities failed to produce internal analyses comparing the cost and benefits of using B2H for the "specific customer" versus its original stated public purpose, citing objections that such analysis was not performed or was unduly burdensome. · The OPUC should mandate a thorough review of energy capacity and resiliency alternatives, including smaller transmission lines, grid enhancing technologies (GETs), reconductoring existing lines, and modern decentralized resources like microgrids, before allowing the continued use of condemnation based on a discredited original business case. This re-evaluation is crucial to ensuring Oregon ratepayers and landowners are not unduly burdened.
We conclude: A utility's regulatory compliance should function like a compass guided by public interest, but when it is allegedly obscured by deliberate omissions and profit-driven changes, the resulting path deviates from its promised public destination and instead steers directly toward private gain, taking essential property rights along the way. | | | | | | | | | | www.stopb2h.org | 541-406-0727 | info@stopb2h.org Our mailing address is: 60366 Marvin Road, La Grande, Oregon 97850
Stop B2H Coalition is a 501c3 nonprofit organization, registered in the State of Oregon.
Donations are tax deductible.
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